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tv   [untitled]    November 17, 2014 5:30am-6:01am PST

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>> yeah. because pizza hut a formula retail businesses. >> so they'll capture a small franchise that has 20 employees or more. >> but my understanding is if you 20 or less than 20 flez employees and you have a franchise you're not covered; is that right samantha. >> if you fall into formula retail and have less than 20 it will not apply to you the reasoning is that we wouldn't capture the smaller franchise the stand alone 7-eleven that have 5 but therefore we have retailer establishments with the idea we found the number to be substantial enough if we have 20 or more they can pull from other
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locations to cover that but if they have less. >> in fact, the legislation if you have two locations and you use occasionally an employee from another location that will count towards the 20. >> so basically, if you have part-time employees or full-time applies and employees on call at least two hours per week or per month or what is the two hours thresholds? >> so i should say samantha commissioner, i say samantha should present the other pieces of the bigger workers bill of rights that gets to the on call then i'll stay here i have to go in a little bit.
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>> thank you for your answer. >> good evening, commissioners executive director regina thank you so much i'm samantha restraining order hospitals representing president chiu to talk about the formula retail bill of rights our portion is the predictability scheduling our ordinance if enacted will deal with the predictable schedules and unfair low income workers for the better part of year they challenged a schedule for the business community to address this topic because we were dealing with formula retail establishment we had members from the chamber involved walgreens and target and some who are here the employment law center and next generation those
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those discussions we learned how unpredictable schedules and practices threaten the security and create work challenges around childcare and underlined the worker health and well-being and the best practices from local employers like costco and others who figured out how to manage the predictable schedules and the bottom line will providing predictable schedules for their employees the biggest chance stores n and intral international corporation are the formula retail stores that can provide more predictable schedules with just in time schedule technology that auto generated schedule bans the customer flow projects we see
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the ordinance will preto formula retail employers eric mar mentioned and do for things require the formula retail employers to post a schedule 14 days in advance and it will try to discourage the erratic scheduling cancel shuns they will have to pay one hour of pay for the last schedule day or two to four hours of pay if changes within the twenty-four hours this is similar to a pay required by the state it also seeks to discourage the use of on call practices or the
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use of unnecessary on and on call shifts to provide unpredictable pay for shifts that a that are cancels at the last minute and provided equal wages and time off as the supervisor mentioned this is not intended to impact small businesses and was targeted to large national and international corporations that are established within our city i'm happy to answer any questions. >> does that help with our questions. >> well, the definition hadn't changed correct. >> that's correct and any other questions before we hear from public comment. >> okay opening it up for public comment for items 4 and 5 and director
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you have cards there? >> all right. so i will read out and then if i don't have a speaker card for you please line up and state our name (calling names). >> welcome. >> so your first and you have 3 minutes. >> thank you, commissioners i get to be first and get torn down arrested i represent the alliance and and the executive director of the california book association i want to start by saying i'm a little bit i find it there's a part of me that
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thinks you know, i look at the list of what they want to do this is what locally owned businesses have done effort full-time employment inform create opportunities is how we compete in the marketplace so the thought we'll make it harder for employees to sty on the job is not the way small businesses operate extensively i want to say as much as anything there are clearly specification in this both of those pieces of legislation that needs to be accounted i have just wanted you to know i've been very impressed and gratified that the people involved that this go legislation have real engaged people lake like sf organized and have come and asked us about
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the concerns obviously that the geared to formula retail and large formula retail but at minimum wage that will eventually trickle down to independent businesses people have been involving us and talking does that make sense there are businesses i all know someone gets sick you have to call someone up there needs to be flexibility one of the differences e difference and certainly with independent businesses the work place environment employees want to come in and help out this legislation is addressing that latter piece of this is an important definition so i really wanted to impress our overall
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support for the intent of the legislation recognizing specific details that don't makes sense and needs to be worked out but they've been interested in getting that feedback and working it out i want to say something that is against all this we actually some of us in sf loma building the 20 limit employees is too high a lot of formula retail businesses franchises or not walk down fillmore street and they have fewer than 20 employees and what thiser their gambling in many of the policies it is not going to fight but this is something that should be looked at that number maybe higher if you're trying to capture people that are abusing
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their workers thanks. >> i want to to the audience i'm having difficulty with the timer control to notify you at the podium so if i go like this you have thirty seconds left. >> thank you. next speaker. please. >> good evening. i'm dee dee workingman in the chamber of commerce we would like to we need a little bit nor times on the legislation it's true that we worked early on kind of a i would say in a board sense with president chiu and not been knifed to participate that supervisor mar on his legislation we're not opted to b this by there are a lot of details we would like to participate and think work on to make both pieces of legislation
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better pieces of legislation we think they should be consolidated into on prevention i want to bring up you may not be aware of the legislation that the board of supervisors passed or had its first reading on last week on formula retail the that defines formula retail redefines it they haven't had their second reading yet that didn't happen until next week so the definition of formula retail has not been settled by that legislation and it's no way we were grateful that the authorized of this particular legislation were willing to wait until the other formula retail was settled before they took this up but they're taking this up this is premature the board of supervisors won't have a second reading on the formula retail legislation that defines formula retail until next week
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then the mayors has to sign it and a time to go into effect this is super ceded that the other formula retail there are new uses included in the formula retail that have never been considered formula retail before those folks don't know they're going to be considered and don't know what it means this legislation is going to impact their staffing and hiring and their retention of workers so our request and what we are asking you to advocate for we're give one more week a week to help work on this to work out some of the details on it there are inconsistent ssi we're worked or in with the board of supervisors that were passed earlier this year on matter that were settled and legislation we ultimately supported the by an the box and the friendly family
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ordinance and the language in this legislation needs to be consistent with that legislation and it's not and there a lot of things that needs to be cleaned up we also would like to see we're concerned this is going to capture small businesses the intent not to capture franchises but if you own two franchises and subways and have 12 in one and others in another this will capture you, we think this needs to be 20 locations we think that there needs to be changes so this captures the larger businesses not only the ones. >> thank you very >> thank you. next speaker, please. >> next speaker (calling names). >> i've found the control so i'm going to use it now. >> good evening. i'm a
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researcher with the family coalition i want to address some of the questions and comments first of all, there is no such thing as a subway location that the employees less than 20 employees in a single location and, in fact, the report on the formula retail establishments we know that less than 5 percent of formula retail has less than 20 locations nationwide the vast majority have over one thousand locations over the country and employees hearsay of employees, in fact, the formula retail definition it pertaining to percent it is actually not effecting the majority of the discussion we're having today and your combrergs impression about the franchise that has less than employing less than 20
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people in one location if you look at the report those franchises are the ones that are excluded are the civil service and the gas stations that employ less than 20 in a location and the majority of the sectors have 20 or more employees in a single location in the city that's the average you have some cvs that has 50 and save ways but really not the case of franchises that has less than 20 in a single location. >> how many franchises do you count i or two locations what be able. >> that was a concern i left that out the employee threshold.
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>> the legislation captures that 5 percent. >> the legislation does with the 20 employee threshold excluding the 7-eleven by when businesses are going to be left out if we'reth for the small businesses that don't have the employees. >> well, there goes any public speaking time. >> you have two minutes. >> okay. thank you i want to raise your attention to the data about the workforce in 2006 before the recession hit the number of workers in california has troiptd this is not a california issue but a national issue in san francisco almost a quarter of our employees are 25 percent and it's at an at risk
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city where scheduling is per valve across the cat and 2/3rd's of food service and half of the restaurant get their schedules less than a week and half and they have fluctuation and working parents are hit the head it they'll e they'll not know how much they'll work and president chiu we've heard from many businesses in san francisco big and small that shows you the scheduling practices do exist those employees have one or two locations in the city and show us that's possible to thrive and support of the workers and the families formula retail businesses if particular are the best positions to adapt the standards we've laid out in the bills the
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majority p have over 5 hundred positions and less than 5 percent have less than 20 locations so employers that suffer need the flexibility but for a long time the workers have shoulder accident responsibility so i urge you to consider the workers bill of rights and the economic security of our workers in the city. >> thank you. >> thank you. next speaker, please. >> hi good evening. i'm samantha we're a bio racial organizations located in the tenderloin and we deal with immigrant workers this immigrant workers bill of rights effect the people a lot of our members are struggling paycheck to
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paycheck that will help them out a lot of them are working two apartment jobs and going to school and their hours at the part time jobs fluctuate so some days working less hours and other weeks it fluctuates so it makes it difficult for them to budget and figure out how much money so it effects rent and food and transportation those are all things if we had the opportunity to get a full-time job it will make their income a lot more stable than juggling two part time jobs and another thing is the scheduling for the bill of rights a lot of our members are parent or raising children and this will help them
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with childcare and the members that are going to school it will help them in terms of studying and being able to figure out what midterms and finals coming up how to figure out their timing when they can study and go to work so that two weeks notice will help them out a lot of the folks get their schedule on sunday to for a lot of them it is hard to come to the meetings i don't know if i'm going to work i won't know until sunday and another thing the on call scheduling people have to set aside one day per week that's considered on call so it goes into effecting their income some days they get called in and that will effect their pay it is
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hard during the one call day to figure out if they can go out with friends and dinner or hang out with their parents it effects their day to day and week to week so i urge you to support of the workers bill of rights it will help them and thank you for your time. >> thank you. >> thank you. next speaker, please. >> good evening, commissioners my name is a gordon the director of jobs of justice i'm here to speak in support of the two ordinances which combined the workers bill of rights and campaigned supervisor mar and supervisor chiu for they're fair policies it is a combrourg policy in san francisco that will become the first place in the city to protective late fair
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schedules for workers who very much need these and jobs of justice is a workers right organization so for all the reasons all the speakers should spoken we've been involved in helping to create and advocate for the whole range of difficult progressive policies here in san francisco from minimum wage to the sick pay leaf and other issues with the small business community and we certainly understand the concerns of small business when alleged you know mandates are applied to them equally as their applied to the large corporate employers so those jobs for justice and other groups we've been working with took a different approach we wanted to trailer and targeted are tattered those to the big
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corporations and their corporate restaurant particularly the fast food restaurants that are causing the problems nationally those low road employers not only the allow wages harm the workers that work for them and help to generate their profits but harmful to the small businesses in san francisco and nationally because it's hard for small and independent businesses to compete begin the low road practices so we've tried to work you know with the business community in particular, the small business like sf loma north america ma and supervisor david chiu's task force samantha mentions a number of business leaders we're part of those discussions so you know we really wanted to try to create
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they're scheduling policies that apply to the big corporate employers so we've not applied those to the small businesses so you know, i think finally as hud mentioned found we found in our conversations particularly with the small independent businesses their incorporating those fair scheduling practices into their business schedules for the workers as an important resource for their biz that's a staircase craft to mcdonald's and others. >> thank you. >> thank you. next speaker, please. >> hi commissioners, thank you for your times i'm samantha
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i'm here representing the golden gate i'm a formula retail employee in the city i'm here to august both piece of legislation to protect formula retail employee rights are premature and require more review first one ordinance instead of two is the best way to push this legislation forward and the competing ordinances are confusing second i urge the commission to seek more time to fully explorer how they can best protect the formula retail employees we find issue with the practicality of the recordkeeping aspect of the ordinance as an apartment formula retail employee i value the flexibility i get in my job it allows me to get the extra day of studying or
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move things around our concern when it comes to recordkeeping how do you do that when the employees want to shift schedules how is the employers got an record before the employee gets in trouble we want to protect the employer when did employee seeks the possibility so i urge more time to work out those issues and lastly as dee dee mentioned it didn't makes sense pushing an ordinance restricting formula retail before it's defined as she said more businesses in the city are going to fall into the umbrella of formula retail they're not aware of it they don't know what formula retail is so adding the restrictions before we define it letting them know about the formula retail is unwise in my opinion
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with that, we urge the commission to urge budget and finance to take more time to look at the legislation and hopefully combine them to get a better consensus and version of this ordinance thank you. >> thank you. >> thank you. next speaker, please. >> hello i'm is jena cassidy i work in the coalition we're a studying coalition i'm a single parent i work with a lot of caregivers and far from being premature it's late people have we've talked to workers that don't know when they're going to tuck their kids in their schedules changes on a dime we helped to work with the supervisor on the task force with some of the businesses are here in this room from the
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business associations like the chamber and the restaurant association one of the components of the bill theres a study component we're really interested in how it's working and you know we want to make sure it's implemented that's an important piece we want to work on policies that work for workers and the other thing it's protective for workers to trade shifts and have the flexibility that's not something that the legislation do so a away with it will help the members of the coalition, you know who care about having the flexibility and the predictability they need to care for their families thank you. >> thank you. >> thank you. next speaker, please. >> hi steven with the council meeting merchants i worked on
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one of the tvngz with president chiu one thing about the legislation yes, it only effects formula retail with 20 or more employees but all of us with smaller numbers of employees we have to be competitive we're going to end up giving our employees like the bigger ones do to be competitive is that a big deal not a big deal my business has been doing t this for years i want to object the larger employer city and county of san francisco when necessary bye stuff they're to get the lowest bid this legislation didn't effect anybody they buy from if you have great legislation like the increase in minimum wage or anything else
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they're putting on san francisco businesses and i think the city and county of san francisco should require it in their perspire orders for everything they buy they do it for social issues when there was problems with south africa and we don't buy from cities from the hardwood, etc. but when it comes to paying a nick you will e he will out from san francisco businesses they won't be buy if from us you guys should consider this legislation. >> thank you very much. >> any more speakers? seeing none, public comment is closed commissioners do we have any commen


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